National Labor Relations Board v. Erie Resistor Corporation/Concurrence Harlan

Mr. Justice HARLAN, concurring.

I agree with the Court that the Board's conclusions respecting this 20-year 'superseniority' plan were justified without inquiry into the respondents' motives. However, I do not think that the same thing would necessarily be true in all circumstances, as for example with a plan providing for a much shorter period of extra seniority. Being unsure whether the Court intends to hold that the Board has power to outlaw all such plans, irrespective of the employer's motives and other circumstances, or only to sustain its action in the particular circumstances of this case, I concur in the judgment.